Capt. Inez Gonzalez filed the suit in 2012, claiming she was retaliated against for not following Garry McCarthy's orders to find three officers guilty of internal charges
NEWARK -- The city has agreed to settle a former police internal affairs officer lawsuit claiming she was retaliated against after defying orders from Director Garry McCarthy to punish three officers involved in a controversial murder case.
Capt. Inez Gonzalez and her attorneys will receive $250,000 to resolve the complaint against McCarthy, the city and its police department, according to a resolution approved by the City Council Dec. 2.
The 27-year-veteran filed the suit in February 2012, nine months after McCarthy left Newark to take over as superintendent of police in Chicago a position he was dismissed from last week after questions arose about his handling an officer's fatal shooting of a 17-year-old last year.
She alleged that issues between the two surfaced in January 2010, after the body of Karen Cunningham was discovered in an Oldsmobile Delta in the city's West Ward. The 55-year-old grandmother had been shot in the shoulder during a blast of gunfire the night before, but officers who responded to the scene had somehow failed to notice her.
Various members of the department eventually faced internal charges as a result of the blunder, and Gonzalez was among a group of command staff assigned to a trial board that would determine whether they would face discipline.
The director, however, allegedly had a predetermined outcome in mind.
"McCarthy instructed Gonzalez to disregard her objectivity and regardless of the circumstances, find against the officers involved in the Cunningham matter," the complaint read.
Ines Gonzalez (LinkedIn)Gonzalez and other members of the trial board reached an agreement with the city's Superior Officers Association to handle various officers' cases individually, and she acquitted the three assigned to her.
According to the complaint, McCarthy responded angrily, berating her in front of colleagues and launching an investigation into her handling of the cases. She was eventually cleared, but alleged that the retaliation continued over the next year by ordering additional probes of her internal affairs decisions, reassigning her to the city's cell block and ordering subordinates to attend meetings in her stead.
The treatment caused her to take a leave of absence in February 2011, though she returned to a new position overseeing the department's Inspectional Services Division three months later.
She was returned to IA after Samuel Demaio took over as police director in 2012, though she claimed she was subject to additional adverse treatment. After meeting with representatives from the U.S. Department of Justice and Attorney General's office during a two-year probe of the department's practices, she was removed from the position for a final time.
According to her complaint, she has been on "terminal leave" since January 2012, though state pension records indicate she continues to receive her $148,232 annual salary.
Her attorney, Adam Kleinfeldt of Hackensack-based firm Deutsch Atkins, said Gonzalez will now move to retire.
"Inez is a consummate professional and she's ready to move on from the city of Newark and turn to the next chapter in her life," he said.
Documents filed with the city indicate Gonzalez will receive $122,000 from the settlement, while her attorneys will get the remaining $128,000.
Former Newark Police Director Garry McCarthy, shown here in a file photo. (John Munson/The Star-Ledger)Corporation Counsel Willie Parker did not return a request for comment on the deal.
Newark officials have widely criticized McCarthy's term overseeing the city's police department, with some blaming him for the DOJ's findings that it systematically violated citizens' rights and failed to take corrective action against officers accused of wrongdoing.
On Monday, the DOJ announced it would launch an investigation into the city's police department's use of force practices, disciplinary system and its handling of misconduct allegations.
Dan Ivers may be reached at divers@njadvancemedia.com. Follow him on Twitter at @DanIversNJ. Find NJ.com on Facebook.
